Legal Representation for Occupational Disease Claims
Occupational diseases are illnesses and health conditions caused by exposure to hazardous substances or conditions in the workplace over an extended period. According to the National Institute for Occupational Safety and Health (NIOSH), millions of American workers are exposed to substances that have been linked to cancer, respiratory disease, neurological damage, and organ failure. Workers in manufacturing, construction, mining, agriculture, healthcare, and the maritime industry face the highest risk.
At Roden Law, our occupational disease lawyers handle complex exposure claims throughout Georgia and South Carolina. These cases require specialized knowledge of toxicology, industrial hygiene, and the medical science linking workplace exposures to specific diseases. We build the evidence needed to overcome the significant challenges these claims present.
Workers’ Compensation for Occupational Diseases
Georgia law defines an occupational disease as a disease arising out of and in the course of employment that is caused by hazards recognized as peculiar to a particular trade, occupation, or process (O.C.G.A. § 34-9-280). South Carolina’s occupational disease provision (S.C. Code § 42-11-10 et seq.) provides similar coverage, defining an occupational disease as one that is due to causes and conditions characteristic of and peculiar to the particular trade, occupation, or employment.
Unlike traumatic injuries with a clear date of occurrence, occupational diseases develop over months or years of exposure. Both states allow claims when the disease becomes manifest and the worker knows or should know it is work-related.
Common Occupational Diseases
Our attorneys handle the full spectrum of occupational disease claims, including:
- Mesothelioma and asbestosis: Caused by asbestos exposure in construction, shipbuilding, and manufacturing
- Occupational asthma: Triggered by inhaling dust, chemicals, fumes, or biological agents
- Silicosis: Lung disease from inhaling crystalline silica dust in mining, sandblasting, and stonecutting
- Occupational cancers: Bladder, lung, and blood cancers linked to benzene, formaldehyde, and other carcinogens
- Hearing loss: Permanent damage from prolonged noise exposure exceeding safe decibel levels
- Lead poisoning: Neurological damage from exposure in painting, battery manufacturing, and demolition
- Dermatitis: Chronic skin conditions from chemical and irritant exposure
- Infectious diseases: Healthcare workers exposed to bloodborne pathogens, tuberculosis, and COVID-19
Proving an Occupational Disease Claim
Occupational disease claims require establishing a direct link between workplace exposures and your diagnosed condition. Key evidence includes a complete occupational history documenting all workplace exposures, medical records and diagnostic testing confirming the disease, expert medical testimony on causation, industrial hygiene reports measuring exposure levels, employer safety records and Material Safety Data Sheets (MSDS), and OSHA inspection and citation records. Insurance companies aggressively challenge occupational disease claims, arguing that the illness has non-occupational causes or that exposure levels were too low to cause the condition. Our attorneys work with leading occupational medicine physicians and industrial hygienists to build compelling causation evidence.
Third-Party Liability in Occupational Disease Cases
Beyond workers’ compensation, occupational disease victims may have claims against manufacturers of toxic chemicals, asbestos products, or hazardous materials, contractors who created exposure conditions, and property owners who failed to remediate known hazards. These third-party claims provide access to full compensatory and punitive damages not available through workers’ comp.
Statutes of Limitations for Occupational Disease
Georgia’s statute of limitations for occupational disease claims is one year from the date the employee knew or should have known the disease was occupationally related (O.C.G.A. § 34-9-281). South Carolina allows two years from the date of disability or the date the employee knew or should have known the disease was work-related (S.C. Code § 42-15-40). Because these deadlines can be complex, early consultation with an attorney is critical.
Why Choose Roden Law for Occupational Disease Claims
Occupational disease cases are among the most complex workers’ compensation claims. Our attorneys combine legal expertise with knowledge of toxicology and occupational medicine to build winning cases. We represent workers throughout Georgia and South Carolina on a contingency fee basis — no fee unless we recover compensation for you.